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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[criminal power] On November 17, 2008, the Defendant received a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act (driving) from the Daegu District Court’s Port Branch on November 17, 2008, and a summary order of KRW 3 million for the same crime in the same court on April 15, 201.
【Criminal Facts】
Although the Defendant had been punished for drinking driving two or more times, on October 13, 2015, while under the influence of alcohol at around 0.086% of the blood alcohol level on October 21, 2015, the Defendant driven B Poter cargo vehicles up to approximately 3 km in the Republic of Korea, in front of the Switzerland-ri Office in the South-gu So-gu So-called Sphari Eup at the port, the Defendant driven B Poter cargo vehicles up to the same Eup.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the result of crackdown on drinking driving and on the circumstantial statement of a drinking driver;
1. Previous convictions in judgment: The application of a reply to inquiry, such as criminal records, investigation reports, and statutes;
1. Relevant laws concerning criminal facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty, and the choice of imprisonment;
1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (The following circumstances shall be considered in favor of the accused);
1. Article 62 (1) of the Criminal Act;
1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The following facts: The defendant does not cause traffic accidents due to a simple drinking driving, the amount of drinking alcohol is not relatively high, and there is no criminal history exceeding a fine after the suspended sentence for about 11 years is suspended, and the defendant reflects errors;